Is a cause of action for damages for bad faith, breach of contract, and legal malpractice a transitory cause?

California, United States of America


The following excerpt is from Cholakian & Assocs. v. Superior Court of Sacramento Cnty., 186 Cal.Rptr.3d 525, 236 Cal.App.4th 361 (Cal. App. 2015):

sought. Where the main relief sought is personal, the action is transitory. Where the main relief relates to rights in real property, the action is local. [Citation.] (Ibid., fn. 5.) Here the action sought damages for bad faith, breach of contract, and legal malpractice. The relief sought is personal, not related to real property, and thus the action is transitory. (See Peiser v. Mettler (1958) 50 Cal.2d 594, 601602, 328 P.2d 953 [cause of action for damages for breach of contract is clearly a transitory cause of action].)

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